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Agenda - 04-15-2003-5f
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Agenda - 04-15-2003-5f
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8/29/2008 3:29:45 PM
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BOCC
Date
4/15/2003
Document Type
Agenda
Agenda Item
5f
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Minutes - 20030415
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2003
RES-2003-032 Legislative Items opposing Special interest legislation
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\Board of County Commissioners\Resolutions\2000-2009\2003
RES-2003-033 Legislative Items supporting Senate Bills 384 and 34 version 2
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\Board of County Commissioners\Resolutions\2000-2009\2003
RES-2003-034 Legislative Items Opposing House Bill 863 Version 1
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Path:
\Board of County Commissioners\Resolutions\2000-2009\2003
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t ~ OF j{tA <br />~'" ~ <br />d <br />-- - <br />CP~~ <br />March 31, 2003 <br />Mr. John M. Link, Jr. <br />Orange County Manager <br />PO Box 8181 <br />Hillsboro, NC 27278 <br />Dear Mr. Link: <br />APR - 7 2003 <br />Please find enclosed Senate Bi11277 as sponsored by Senator Tony Rand and others. This bill, if passed, <br />will exempt property that is held by anon-profit entity in trust for a public or private university from local <br />ad valorum taxation. Watauga County stands strongly opposed to this bill and you and your Council or <br />Board may be as well. In Watauga County, Appalachian State University has created a foundation that <br />entered into a partnership with a private corporation to develop a large apartment complex that is held in <br />trust by the foundation to be turned over to the University after a period of 25 to 30 years. This <br />arrangement allows the developer to use tax free bonds for financing as well as to claim a return on his <br />investment in the years of operation prior to turning the property over to the University. This places an <br />undue burden on the counties and cities in removing valuable property from the tax base and at the same <br />time increasing the demand for locally funded services. <br />The complex in Watauga County is located approximately 2 miles from campus and it is my <br />understanding that the developer of this project has others, planned or completed, in other college <br />counties and towns. Watauga County currently has denied the application for exemption for this <br />particular piece of property. The Property Tax Commission has agreed with Watauga County. It is <br />anticipated that the University will appeal to the Court of Appeals and possibly to the Supreme Court <br />depending on the outcome. <br />Watauga County's concern goes beyond this single project. If Senate Bill 277 is passed by both the <br />House and Senate, nothing would prevent a university from building new or purchasing pre-existing <br />apartment complexes to house their students thereby taking valuable property off of the tax base. This <br />creates an unfair advantage in the apartment rental market and if the practice becomes widespread it may <br />further erode local tax bases. An additional concern of the rental proprietary property market is the <br />provision in the bill that would allow for public use of these facilities so long as there is no "material <br />amount of business or patronage with the general public". <br />In closing, I appreciate you sharing this information with your Board or Council and would ask that if <br />they share Watauga County's concern that they communicate their reservations to their representatives. It <br />appears that this bill may pass in the Senate leaving the best avenue for defeat in the House of <br />Representatives. Thank you for your time and your strong consideration of this request. <br />Sincerely, <br />/~~~ <br />Robert E. Nelson, Jr. <br />County Manger <br />RENjr/ajf <br />WATAUGA COUNTY COUNTY MANAGER <br />Courthouse, Suite 1- 842 West King Street -Boone, NC 28607 - (828) 265-8000 <br />TDD 1-800-735-2962 -Voice 1-800-735-8262 -FAX (828) 264-3230 <br />Enclosure <br />
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